Terms and Conditions
THE AGREEMENT: The use of this website and services on this website and mobile application provided by My Online Billboard (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
“We”, “us” and “our” are references to myonlinebillboard.com;
“User”, “You” and ““your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
” Website” shall mean and include My Online Billboard and any successor Website of the Company or any of its affiliates;
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.
In order to become an Advertiser and use the Services you must register and create an Account with MyOnline Billboard.com
You agree to provide accurate and complete information about yourself during the registration process and you also agree not to impersonate another person or entity, and not to hide your identity from My Online Billboard for any reason whatsoever. If you register as a commercial entity, you declare that you have the required authority to bind that entity to this Agreement. When you open an Account, My Online Billboard may ask that you provide certain documents to identify yourself and to verify the information you have submitted to us upon registration, such as identification card or a passport, a utility bill, a bank statement or any document proving their identity issued by a governmental body. My Online Billboard reserves the right to refuse or reject a registration, at our own discretion.
You are only allowed to register to become an Advertiser and/or use the Services if you are eligible in accordance with the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject. My Online Billboard has no obligation or capability to, and therefore does not, verify whether you are eligible to use any of the Services and we shall not bear any responsibility for your use of the Services.
We may directly or indirectly (through third parties), make any inquiries as we consider necessary to check the relevance and accuracy of the information provided for verification purposes.
By becoming an Advertiser and/or using any of the Services you agree to be bound by these Terms which represent a binding legal contract between the Parties. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our application and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require original (non-electronic) signature or delivery or retention of non- electronic records, to the extent permitted under applicable mandatory law.
Advertisers are not allowed to hold more than one account with My Online Billboard for any reason. My Online Billboard shall have the right in its sole and absolute discretion to permit you to register more than one Advertiser account. You will need to contact My Online Billboard support to request such permission.
4) AGE RESTRICTION
You must be at least 18 (Eighteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
Advertisers are able to use the Services in order to advertise their goods and services by uploading Advertising Materials on the Platform.
By uploading Advertising Materials, you agree that My Online Billboard can place and deliver the Advertising Material to Publishers in order to incorporate or embed the Advertising Material onto the Publisher’s website. In this regard, you grant My Online Billboard an unlimited, non-exclusive, fully transferable, sub- licensable, worldwide, royalty-free, fully paid up right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit and display the Advertising Materials in any format, layout or size on the Platform.
You are responsible for ensuring that any Advertising Material does not feature any Inappropriate Content.
You hereby expressly agree that any Advertising Material does not and shall not infringe on any third- party rights or breach Applicable Laws (including but not limited to copyright and trademark laws and general rights to privacy). You also agree that any Advertising Material is not and shall not be offensive or defamatory or unlawful in any other way. My Online Billboard shall have the right to:
review and approve any Advertising Material uploaded by an Advertiser on the Platform. In this regard, My Online Billboard shall have the right in its sole and absolute discretion to refuse to make available any Advertising Material which it either disapproves of, or is deemed to be in breach of these Terms; and
remove any Advertising Material which My Online Billboard, acting in its sole and absolute discretion, either disapproves of, or is deemed to be in breach of these Terms.
6) GENERAL CONDITION
Photographs are for illustration only.
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
7) LICENSE TO USE WEBSITE
We may provide you with certain information as a result of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services (“Our Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
8)YOUR REPRESENTATIONS AND WARRANTIES
By becoming an Advertiser and/or by using the Services you hereby agree, represent and warrant that:
you have read understood and accept these Terms;
you have the necessary authority and consent to accept these Terms, to enter into a binding agreement with My Online Billboard and to perform the obligations set out herein;
if you are an individual, you have sufficient legal capacity (in your jurisdiction) to accept these Terms and to enter into a binding agreement with My Online Billboard on the terms set out herein;
all Advertising Materials comply with Applicable Laws;
you have all necessary permissions, authorizations, consents, licenses and any other requisite approvals under Applicable Laws to promote the content of any Advertising Material;
you shall not use the Services to advertise any goods or services that are illegal, such as but not limited to:
money laundering, terrorist financing, proliferation of weapons of mass destruction;
any goods of services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal content, depict children or minors in sexual postures, depict means of propaganda of signs of unconditional organizations glorifying war or violating human dignity;
any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
drugs, narcotics or hallucinogens;
weapons of any kind;
illegal gambling services;
Ponzi, pyramid or any other “get rich quick” schemes;
goods that are subject to any trade embargo;
media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
body parts or human remains;
protected animals or protected plants;
tech support services;
pages that include browser/tab lockers, hidden redirects or parent page redirects; or
any other illegal goods, services or transactions.
you are the owner or are licensed to use the Advertising Materials;
Advertising Materials shall not constitute Misleading Advertising.
you shall not interfere with or attempt to interrupt the proper operation of the Platform or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, passwords or data mining, or any other means;
using the Services is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject and your use of the Services shall be in full compliance with applicable laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction);
you will comply with any applicable tax obligations in your jurisdiction arising from your use of the Services;
you will monitor all and any changes to your Account and take all steps to maintain and ensure the confidentiality of your Account’s credentials, including, but not limited to passwords, emails and/or usernames;
you will immediately inform of any unauthorized use of your Account or password, or any other breach of security by email addressed to email@example.com
you are responsible for any and all damages caused, and all liability actions brought against My Online Billboard for any breach infringement of these Terms or of any third-party rights or violation of any Applicable Laws;
nothing in these Terms excludes or limits the liability of the Advertiser for fraud, death or personal injury caused by their negligence, breach of the Terms implied by operation of law or
any other liability which may not be limited or excluded by law;
any errors or malfunctions caused by or otherwise related to the Services including your own failure to properly maintain or use your Account may result in the loss of any Advertising Materials or funds held in your Account;
you acknowledge and agree that My Online Billboard may, where applicable, make payments to third parties that help initiate, conclude or maintain a business relationship between My Online Billboard (or My Online Billboard’s affiliates) and its clients. These payments may include rebates, commission, widened spreads, and profit sharing;
you will provide My Online Billboard with correct and relevant documents and personal information upon request. In case you provide counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity; and
you are responsible for implementing all reasonable and appropriate measures for maintaining the confidentiality and security of your Account name, user ID, passwords, personal identification and mobile unlock codes that you use to access the Platform.
9) USER CONTENT
The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
10) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of My Online Billboard, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
11) USER OBLIGATIONS
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
12) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of My Online Billboard.
You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
To violate any of our intellectual property rights or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others.
13) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
14) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
16) EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the My Online Billboard Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall My Online Billboard , nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
17) SPAM POLICY
You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
18) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from Our Website.
19) MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
21) SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
22) TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
23) NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
24) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
25) GENERAL PROVISIONS:
JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of STATE without giving effect to any principles of conflicts of law. The Courts of USA shall have exclusive jurisdiction over any dispute arising from the use of the Website.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of My Online Billboard will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e. COVID-19!
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use contact us form on the website or email
Welcome to MyOnlineBillboard.com, a service owned by MyOnlineBillboard.com, LLC, based in Oklahoma City, Oklahoma, (“MyOnlineBillboard.com”, “we”, “us” or “our”).
MyOnlineBillboard.com is: – A content marketing service that provides you (“You”) with a tool to create and execute online marketing campaigns (the “Service”). – A content marketing service that provides You at our discretion with powerful analytics tools, enabling tracking and analysis of consumer behavior in relation to the use of the Service pending on the chosen service level.
When using MyOnlineBillboard.com (“Usage”): – You may upload, post and promote audio, video, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored on MyOnlineBillboard.com at Your direction. – The Content may be shared and distributed to Your customers, that are individuals (hereinafter the “Consumers”) that browse the campaign Site or Widget as created by You, using the tools and features provided by the Service. – The Content may also be shared by Consumers using social media functionality that provides the ability to share and embed to third party social media services (“Third Party Services”) as included in the Service. – Leverage the Service and Your Content to activate Consumers according to the options available.
When You register a user account (hereinafter the “User Account”) you specifically agree:
- To provide complete and accurate information to create Your User Account and to keep Your account information up-to-date.
- To choose a username and password for Your User Account. You understand that it is Your responsibility to choose a username and password and to maintain the confidentiality of Your password. If You share Your password with anyone it may jeopardize the security of Your User Account. You agree to notify MyOnlineBillboard.com promptly via the Service if You become aware that Your password or User Account has been used without Your consent.
- Not to impersonate any other person, thing or entity.
- Not to access anyone else’s User Account without that person’s permission.
- Not to use the Service if You are less than 18 years of age without the consent of Your parent or guardian, who agrees, on Your behalf, that You will comply with the terms and conditions of this Agreement.
- Not to post or display any Content that is not suitable for minors.
- To be solely responsible for all activities that occur under Your User Account and indemnify and hold MyOnlineBillboard.com harmless for any loss or damages that arises from all activities that occur under Your User Account.
- If You register or administer an account on the Service for another person or entity, You will abide by all of the terms and conditions provided above with respect to individual User Accounts.
- If You register or administer an account on the Service for another person or entity, You represent that You are properly authorized to represent the person or entity for which You initiate or administer an User Account.
- To the extent Your Usage of MyOnlineBillboard.com’s Service implicates the use of YouTube’s services, you will abide by YouTube’s terms of service (https://www.youtube.com/t/terms).
Fees and Payment
- You shall pay the non-refundable upfront Fees for the Service.
- Such Fees are to be paid by You to MyOnlineBillboard.com.
- MyOnlineBillboard.com will charge You via Your credit card or any other form of electronic payment available via MyOnlineBillboard.com.
- Upon non-payment, MyOnlineBillboard.com in its discretion may re-attempt to collect the amount due up to three times before suspending or terminating Your User Account or immediately suspend or terminate Your User Account.
- MyOnlineBillboard.com retains the right to change the Fees from time to time. If you do not accept a change in Fees, you may terminate Your User Account as a Customer as described in Section 10 below.
- All Fees exclude all applicable sales, use, and other taxes and government charges, and You will be responsible for payment of all such taxes, fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement.
Licenses and restrictions
- Subject to the terms and conditions of this Agreement, MyOnlineBillboard.com hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services provided to Customer hereunder.
- You shall not on your own or allow any third party to:
- use the Services except as expressly permitted herein;
- separate the component programs of the Services for use on different computers;
- adapt, alter, publicly display, publicly perform, translate, embed into any other product or otherwise create derivative works of, or otherwise modify the Services;
- sublicense, lease, rent, loan, or distribute the Services to any third party;
- transfer the Services to any third party;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Services, except as permitted by applicable law;
- remove, alter or obscure any proprietary notices on the Services, or the applicable documentation therefore; or
- allow third parties to access or use the Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
- All uploaded media in the form of audio, video, text, photos, pictures, graphics, comments, and other Content, data or information made available to or via MyOnlineBillboard.com is generated, owned, and controlled solely by You or Your licensor’s, and not by MyOnlineBillboard.com.
- In using the MyOnlineBillboard.com Service You cannot upload, store, distribute, share, display, make available or use any Content to which you do not hold the necessary rights or consents to use, hereunder but not limited to intellectual property rights or consents from the individuals personal information belongs to.
- Any misrepresented or illegal use of intellectual property right protected material may constitute an infringement of third party rights, and is strictly prohibited. Any such infringement may result in the immediate termination of Your User Account and potential litigation and criminal prosecution on behalf of the legal rights holder.
- By uploading Content to MyOnlineBillboard.com, You grant MyOnlineBillboard.com a license to Your Content on a limited, non-exclusive, worldwide, royalty-free and fully paid-up basis to the extent this is necessary for Your use of the Service.
“As is” – Service
- MyOnlineBillboard.com and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Service for any purpose. The Services are provided “as is” without warranty of any kind. MyOnlineBillboard.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
- MyOnlineBillboard.com reserves the right, for any reason, and at its sole discretion, to terminate, change, upgrade, suspend, or discontinue any aspect of the Service, including but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Service, or restrict Your access to part or all of the Service without notice to You or penalty to Us.
Intellectual Property Rights
You acknowledge and agree that the MyOnlineBillboard.com Software and Service contain valuable trade secrets and other intellectual property of MyOnlineBillboard.com and its suppliers. The Service and Third Party Services are licensed and not sold to You, and no title or ownership to such software, Service and Third Party software or the intellectual property rights embodied therein passes to You as a result of this Agreement or any act pursuant to this Agreement.
Digital Millennium Copyright Act (DMCA)
- MyOnlineBillboard.com respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
- MyOnlineBillboard.com’s intellectual property policy is to (1) remove material that MyOnlineBillboard.com believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (2) remove Content distributed via the Service by “repeat infringers.” MyOnlineBillboard.com considers a “repeat infringer” to be any user that has uploaded Content and for whom MyOnlineBillboard.com has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Content. MyOnlineBillboard.com has discretion, however, to terminate the account or permission to access the Service of any user after receipt of a single notification of claimed infringement or upon MyOnlineBillboard.com’s own determination.
- Procedure for Reporting Claimed Infringement. If you believe that any Content made available on or through the Service or any MyOnlineBillboard.com service have been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyOnlineBillboard.com to locate the material;
- Information reasonably sufficient to permit MyOnlineBillboard.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information. MyOnlineBillboard.com’s Designated Agent for notices of claimed infringement can be contacted at:
- Via E-mail: firstname.lastname@example.org
- Via U.S. Mail : Attn: Dallas Slough, MyOnlineBillboard.com, LLC, 4 NE 10th St. STE 258 Oklahoma City, OK 73104
- Counter Notification. If you receive a notification from MyOnlineBillboard.com that material made available by you on or through the Service or any MyOnlineBillboard.com service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MyOnlineBillboard.com with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to MyOnlineBillboard.com’s Designated Agent through one of the methods identified above, and include substantially the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which MyOnlineBillboard.com may be found, and that you will accept service of process from the person who provided notification under this TOS above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or mis-identification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [MyOnlineBillboard.com] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f). MyOnlineBillboard.com reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at the e-mail or postal address set forth above.
Limitation of liability and indemnity
- In no event shall MyOnlineBillboard.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services or related websites, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability, or otherwise, even if MyOnlineBillboard.com or any of its suppliers has been advised of the possibility of damages. If You are dissatisfied with any portion of the services, or with any of these terms, Your sole and exclusive remedy is to discontinue using the services and related websites.
- You agree to indemnify and hold MyOnlineBillboard.com, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of Your use of or conduct on the Services or breach of this Agreement.
Term and termination
- You may terminate this Agreement via Our website or via the Electronic Payment system in use.
- In the event of expiration or termination, the license granted under this Agreement shall immediately end and You shall stop using the Service. Upon termination there will be no refund provided to You unless otherwise agreed to in writing between MyOnlineBillboard.com and You, and all outstanding fees shall be due and paid immediately.
Changes to Agreement – General
- This Agreement will be governed by the laws of Oklahoma without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in courts located in Oklahoma County, Oklahoma, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings.
- You may not assign or transfer this Agreement without obtaining MyOnlineBillboard.com’s prior written consent, and any purported assignment or transfer in violation of this Agreement will be null and void.
- If you have any questions about these Terms of Service, we can be reached by email at: email@example.com, phone (800) 687-8689 or via mail at the following address:
4 NE 10th St STE 258 Oklahoma City, OK 73104
For MyOnlineBillboard.com Ad Users
Terms and Conditions
The following terms and conditions govern the advertising services performed or to be performed by MyOnlineBillboard.com (“MyOnlineBillboard.com”) for you (“Advertiser”) as described on any MyOnlineBillboard.com advertisement campaign order that references these Terms and Conditions and any subsequent orders, all of which are hereby incorporated (collectively, “Ad Order”), and supersede any prior agreements or conflicting terms or conditions contained in, or provided with, the Ad Order. These terms and conditions, together with the Ad Order, are referred to herein as the “Agreement”.
Advertiser will provide MyOnlineBillboard.com with the content of all logos, graphic files, links, or other advertising material (“Content”) to be displayed, distributed, or used. Advertiser may change the Content by providing MyOnlineBillboard.com new content, and MyOnlineBillboard.com will immediately implement all such requested changes within 48 business hours of receipt. MyOnlineBillboard.com shall not, without Advertiser’s prior written instruction or consent, (i) alter or modify the Content (ii) create, publish, distribute or permit any written material (other than the Content) that makes reference to Advertiser, or (iii) make any representations, warranties or other statements concerning Advertiser, Advertiser’s products, services, website, website policies, or the Content. Each party will notify the other immediately upon discovery of any malfunctioning of the Content or links to Advertiser’s website.
Compensation for Advertising Services
MyOnlineBillboard.com agrees to provide the services as described in the Ad Order and this Agreement (“Services”), and Advertiser agrees to pay the total advertising fees listed on the Ad Order. Payments due upon submission unless other payment arrangements are mutually agreed upon in the Ad Order. Campaign will begin upon the day and time specified in the Ad Order. The remedy for any failure to deliver advertising impressions is a make‐good that is mutually agreed upon between MyOnlineBillboard.com and the Advertiser.
In order for MyOnlineBillboard.com to maintain its access to the ad campaign marketplace, MyOnlineBillboard.com must perform an audit process to the ad campaigns in advance of going live. These audits will delay the release of the campaigns, on average anywhere between 4 to 24 hours for banner ads and 24 to 48 hours for audio ads, not including weekends and holidays. There is no guarantee that an ad campaign will go live in the same day it is submitted by Advertiser. Ad campaigns will only go live once clearing the audit process, so long as in line with any start date selected by the Advertiser.
If an ad campaign fails to clear the audit process the Advertiser must start a new campaign in order to resubmit. MyOnlineBillboard.com will credit the amount designated for the ad campaign to the Advertiser’s account in a reasonable amount of time.
The ads will be served, monitored, and delivery validated by the MyOnlineBillboard.com ad delivery platform and system, managed by the MyOnlineBillboard.com. Ad delivery data, provided by the MyOnlineBillboard.com ad delivery system, will be considered the accurate number of impressions served by both MyOnlineBillboard.com and Advertiser.
Compliance with Law
Each party represents and warrants that it does and will comply with all federal and state laws and regulations and obtain and maintain all licenses and registrations applicable to its business, the operation of its website, and any advertising or promotional activities. MyOnlineBillboard.com warrants that in providing the Services, it will comply with all applicable telemarketing, anti‐Spam, privacy and do‐not‐call laws and requirements. Each party represents and warrants that its website will not contain any lewd, obscene, pornographic, hateful, violent, defamatory, or libelous content, will not violate any laws regarding unfair competition, anti‐discrimination, or false advertising, and will not contain viruses, Trojan horses, worms, time bombs, or other similar harmful programming routines. MyOnlineBillboard.com follows all Internet Advertising Guidelines and Best Practices – found at iab.net
In case of default on the performance of any obligation imposed under this Agreement where the default remains uncured by the defaulting Party for ten (10) days after the non‐defaulting Party provides written notice of default, the non-defaulting Party shall have the right to terminate this Agreement.
Campaign Termination, and Refunds
Changes in status to any live ad campaign will be processed within 48 hours, with it being understood that it may take an additional 24 hours to effect the status change by all MyOnlineBillboard.com ad partners. An Advertiser may terminate an ad campaign at any time, with any unused advertising fees, all sales are final and may be subject to the choice of My Online Billboard but all sales are final.
Best Efforts / No Warranty
MyOnlineBillboard.com and the Advertiser agree to use their best efforts to fulfill or meet all conditions and contingencies of this contract, with both understandings that MyOnlineBillboard.com makes no guarantee of ad campaign placement on any particular site or specific web page. MyOnlineBillboard.com and the Advertiser further agree to meet all of their performance obligations imposed under the terms of this contract.
Advertiser grants MyOnlineBillboard.com a revocable, non‐exclusive, non‐transferable worldwide license to use, reproduce, and transmit, during the term of the Ad Order, its names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology whether currently used or which may be developed or used by it in the future (“Marks”) solely for the purpose of displaying the Content. Advertiser owns and shall retain all right, title, and interest in its Marks.
This document was last updated on June 28, 2021